In Brennan v. Opus Bank, the Ninth Circuit Court of Appeals held that federal law controlled the issue whether an employment contract dispute was arbitrable where the agreement was covered by the Federal Arbitration Act, and the parties did not clearly and unmistakenly designate that nonfederal arbitrability law applied. Moreover, it stated that the contract’s incorporation of the AAA rules constituted clear and unmistakable evidence that the contracting parties agreed to arbitrate the issue of whether arbitration was appropriate. The issue of unconscionability was for the arbitrator to decide.

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